Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, the judgment creditor may elect on what property not exempt from enforcement of a judgment he or she will have the same levied, provided personal property shall be last taken, except that a judgment in favor of any city, village or incorporated town may, at the option of the city, village or incorporated town, be levied against either personal or real property with no restriction as to priority.
12-113.Election of property.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA judgment creditor chooses which non-exempt property to levy on, but must exhaust personal property last, unless the judgment favors a city, village, or incorporated town, which can levy in any order.
Full Text of 735 ILCS 5/12-113
Plain-English Summary
Outside of foreclosure sales conducted under Article XV, the judgment creditor gets to elect which of the debtor's non-exempt property to levy on. The one general limit is that personal property has to be taken last, real estate goes first.
Municipal judgment creditors get more flexibility. A judgment favoring a city, village, or incorporated town can, at that municipality's option, be levied against either personal or real property with no restriction on which comes first.
Frequently Asked Questions
Who decides which property gets levied to satisfy an Illinois judgment?
The judgment creditor, subject to the general rule that personal property must be taken last.
What is the default order for levying real estate versus personal property?
Personal property must be taken last; the creditor levies on other property first.
Is there an exception to the personal-property-last rule?
Yes, for a judgment favoring a city, village, or incorporated town.
Does this election right apply to foreclosure sales?
No, the section excepts sales held under a judgment of foreclosure entered in accordance with Article XV.
Can a municipality levy on real property before personal property?
Yes, a municipal judgment creditor may levy against either personal or real property with no restriction as to priority.
Amendment History
(Source: P.A. 84-1462.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: which property gets seized first for a judgment illinoispersonal property versus real estate levy illinoismunicipal judgment levy priority illinoisjudgment creditor election of property illinois